SATYA PAL Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) The petitioner in this writ petition seeks an order in the nature of certiorari for quashing the charge-sheet dated 13th and 14th October, 2005 issued against him by respondent No. 2. The petitioner was appointed as Assistant Engineer in Delhi Electricity Supply Undertaking (in short "DESU") in 1976 and reached the rank of Superintending Engineer when he was transferred to North Delhi Power Limited (in, short "NDPL")/respondent No. 2. The charge-sheet dated 13th/14th October, 2005 was served on the petitioner under the signatures of Mr. Sunil Wadhwa, respondent No. 3. The quashing of the charge-sheet is demanded on various grounds. However, today at the time of hearing, Ms. S.Janani, counsel for the petitioner pressed only one of them.

(2.) Learned counsel for the petitioner states that the service of the petitioner has been transferred to DISCOM 3; namely North West Delhi Distribution Company Limited, whereas the disciplinary proceedings are initiated by respondent No. 2; namely North Delhi Power Limited and, accordingly, the petitioner never became employee of NDPL but continued to be an employee of DISCOM 3. Accordingly, the petitioner says that the disciplinary proceedings initiated by respondent No. 2 is not sustainable. Charge-sheet was given to the petitioner on 13.10.2005, which is Annexure-P2 to the writ petition along with the Article of Charge at Page 29 and Statement of Imputation placed at Page 30. The incident in which the alleged misconduct was committed is of 3.10.2005, i.e.; nearly five years after the constitution of DISCOM 3. The case of the petitioner is that if there was any mis-conduct, only DISCOM 3 should charge-sheet the petitioner and not respondent No. 2.

(3.) Objection of respondent No. 2 is that the submissions made by the petitioner are absolutely beyond pleadings. Petitioner says that this submission is available in Ground-B, which is as under:-